Peremptory Orders

NYC Admin. Code tit. 28, ch. 2, art. 207

in effect

NYC Admin. Code § 28-207.1 Contents and service.

§ 28-207.1 Contents and service. Peremptory orders issued by the commissioner shall contain a description of the building, structure, premises, equipment or subject matter affected, and shall be designated by address where applicable. Such orders may be served personally or by posting at the premises followed by regular mail, by any officer or employee of the department, or by any person authorized by the commissioner.

NYC Admin. Code § 28-207.2 Stop work orders.

§ 28-207.2 Stop work orders. Whenever the commissioner has issued a notice of proposed revocation pursuant to section 28-105.10.1 of this code or finds that any building work is being executed in violation of the provisions of this code, the 1968 building code, the zoning resolution or of any laws or rules enforced by the department, or in a dangerous or unsafe manner, or, if the department of health and mental hygiene makes a referral to the department regarding unsafe lead work practices, the commissioner or his or her authorized representative may issue a stop work order. (Am. L.L. 2019/062, 3/31/2019, eff. 9/27/2019; Am. L.L. 2021/040, 4/18/2021, eff. 4/18/2022)

NYC Admin. Code § 28-207.2.1 Issuance.

§ 28-207.2.1 Issuance. Upon issuance of a stop work order by the commissioner, all work shall immediately stop unless otherwise specified. Such order may require all persons to forthwith vacate the premises pursuant to the provisions of section 28-207.4 and may also require such work to be done as, in the opinion of the commissioner, may be necessary to remove any danger therefrom. The police department or other law enforcement agency or officer shall, upon the request of the commissioner, assist the department in the enforcement of section 28-207.2. The stop work order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. A verbal order shall be followed promptly by a written order and shall include the reason for the issuance of the stop work order. All written orders issued pursuant to section 28-207.2 shall be posted upon the premises and made available to the public. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-207.2.2 Unlawful continuance.

§ 28-207.2.2 Unlawful continuance. No person shall with knowledge or notice of a stop work order allow, authorize, promote, continue or cause to be continued any work covered by the stop work order, except such work that may be required by order of the commissioner.

NYC Admin. Code § 28-207.2.3 Rescission.

§ 28-207.2.3 Rescission. Upon application, the commissioner shall rescind the stop work order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules, or where the stop work order was issued in error or conditions are such that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such stop work order.

NYC Admin. Code § 28-207.2.4 Mandatory stop work orders.

§ 28-207.2.4 Mandatory stop work orders. The commissioner shall issue stop work orders in the circumstances set forth below. Upon issuance of such stop work order, the work shall immediately stop and shall not resume until the stop work order is rescinded by the department. The stop work order shall not be rescinded less than two business days after the date of issuance of such order. Nothing in the following sections shall be construed to limit the commissioner's power to issue stop work orders in other circumstances. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.

NYC Admin. Code § 28-207.2.4.1 Scaffold safety.

§ 28-207.2.4.1 Scaffold safety. A stop work order shall be issued if a permit holder or person directly in charge of any suspended scaffold supported by c-hooks or outrigger beams fails to notify the department prior to the installation or use of such equipment as required by section 3314.4.1.5 of the New York city building code and either: 1. The rigger does not hold a license required by this code, or 2. The workers lack certificates of fitness as required by this code or applicable rule, or 3. The rigger failed to file with the department satisfactory evidence of insurance required by this code. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.

NYC Admin. Code § 28-207.2.5 Tampering.

§ 28-207.2.5 Tampering. It shall be unlawful to tamper with, remove or deface a written posted stop work order from the location where it was affixed unless and until such stop work order has been rescinded by the commissioner. The owner or other person in control of the location shall ensure that the stop work order remains posted until rescinded by the commissioner.

NYC Admin. Code § 28-207.2.6 Penalties.

§ 28-207.2.6 Penalties. In addition to the penalties provided for in this chapter, any person who fails to comply with a stop work order shall be liable for a civil penalty in the amount of $6,000 for the initial violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the stop work order; provided, however, this shall not apply to any work performed to remedy an unsafe or hazardous condition as authorized by order of the commissioner. (Am. L.L. 2017/157, 8/30/2017, eff. 12/28/2017)

NYC Admin. Code § 28-207.3 Public nuisance.

§ 28-207.3 Public nuisance. Whenever any building, structure, place or premises is or may be perilous to life or property by reason of the nature or condition of its contents, its use, the overcrowding of persons therein, defects in its construction, or deficiencies in fire alarm, fire extinguishing equipment or fire escape equipment, or by reason of any condition in violation of law or order of the commissioner, the commissioner may declare that the same, to the extent that the commissioner may specify, is a public nuisance and may order the same to be removed, sealed, abated, repaired, altered or otherwise improved.

NYC Admin. Code § 28-207.3.1 Rescission.

§ 28-207.3.1 Rescission. Upon application, the commissioner shall rescind such order when the condition that gave rise to its issuance has been corrected or where the declaration was issued in error or conditions are such that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such order.

NYC Admin. Code § 28-207.4 Vacate order.

§ 28-207.4 Vacate order. Where there is a condition that is or may be imminently perilous, dangerous or detrimental to life, public safety or property, or where an order to remedy such condition has not been immediately complied with, or the commissioner determines that an emergency exists requiring such action, the commissioner may order and immediately cause any building, structure, place or premises to be vacated. The vacate order may be given verbally or in writing to the owner, lessee or occupant of the property involved, or to the agent of any of them, or to the person or persons executing the work. Any verbal order to vacate shall be followed promptly by a written order and shall include the reason for the issuance of the vacate order. The written vacate order shall include the date by which the owner shall certify the correction of any and all violations giving rise to such vacate order. (Am. L.L. 2017/150, 8/30/2017, eff. 12/28/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-207.4.1 Basis for vacate.

§ 28-207.4.1 Basis for vacate. Conditions for which the commissioner may issue a vacate order shall include but shall not be limited to the following conditions that create a hazard to life, public safety, or property: 1. Danger of structural failure; 2. Danger of facade failure; 3. Inadequate fire protection, detection, or suppression; 4. Inadequate egress; 5. Improper storage of hazardous, combustible or toxic materials; or 6. Defective or unlawful gas work. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-207.4.2 Enforcement of vacate order.

§ 28-207.4.2 Enforcement of vacate order. All orders issued pursuant to section 28-207.4 shall be posted upon the premises and made available to the public. Upon the posting of an order upon the premises, officers and employees of the police department, the department, and other authorized officers and employees of the city shall immediately act upon and enforce such order. The police department shall provide all reasonable assistance to the department and other authorized officers and employees necessary to carry out the provisions of section 28-207.4. A copy of the vacate order may be filed with the county clerk of the county in which the premises is located. A record of the vacate order shall be maintained by the department. When active, the vacate order shall also be documented on the department's website, which is accessible to the public. Such documentation on the department's website shall constitute notice of any active vacate order to any owner or subsequent owner, who shall be subject to such order. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.

NYC Admin. Code § 28-207.4.3 Penalties.

§ 28-207.4.3 Penalties. In addition to the penalties provided for in this chapter, the owner of a premises where the terms of a vacate order are violated shall be liable for a civil penalty in the amount of $6,000 for the initial violation and $12,000 for every subsequent violation, to be paid to the department prior to the rescission of the vacate order. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-207.4.4 Rescission.

§ 28-207.4.4 Rescission. Upon application, the commissioner may rescind the vacate order when the condition that gave rise to its issuance has been corrected], any civil penalty pursuant to section 28-207.4.3 has been paid, or where the vacate order was issued in error or conditions are such that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such vacate order. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-207.4.5 Tampering.

§ 28-207.4.5 Tampering. It shall be unlawful to remove or deface a written posted vacate order from the location where it was affixed unless and until such vacate order has been rescinded by the commissioner. The owner or other person in control of the location shall ensure that the vacate order remains posted until rescinded by the commissioner. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-207.4.6 Unlawful continuance.

§ 28-207.4.6 Unlawful continuance. No person shall with knowledge or notice of a vacate order allow, authorize, promote, continue or cause to be continued any occupancy or use covered by the vacate order. (L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-207.5 Cease use orders for service equipment.

§ 28-207.5 Cease use orders for service equipment. Whenever the commissioner determines that the operation of any service equipment is or may be dangerous to life, health or safety, the commissioner may issue a cease use order requiring such equipment to be shut down or sealed or otherwise made inoperable. Upon the issuance of such order a tag or notice shall be affixed to the device warning that the equipment is unsafe for operation. It shall be unlawful to operate such equipment or to remove or deface such tag unless and until the cease use order is rescinded by the commissioner. The owner or other person in control of the service equipment shall ensure that such tag or notice remains affixed until rescinded by the commissioner.

NYC Admin. Code § 28-207.5.1 Rescission of cease use order.

§ 28-207.5.1 Rescission of cease use order. Upon application, the commissioner may rescind the cease use order when the condition that gave rise to its issuance has been corrected and either all civil penalties or criminal fines assessed for any violation of such order have been paid or, where a violation is pending, security for the payment of such penalties or fines has been posted in accordance with department rules or where the cease use order was issued in error or conditions are such that it should not have been issued. The commissioner may by rule require the payment of a fee in the amount of the expense of additional inspection and administrative expense related to such cease use order.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-157475Fetched: 10/24/2026